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01-10-11 Common Council Meeting Minutes
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01-10-11 Common Council Meeting Minutes
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REGULAR MEETING JANUARY 10, 2011 <br /> Kathy Cekanski-Farrand stated that is just one aspect of the bill, there are multiple <br /> purposes of the bill, one being the safety net, one is to clarify that it is both the owner as <br /> well as the occupant of the property responsible for removing the snow whether it's <br /> commercial or residential, again there are many aspects of it. Again, they are trying to <br /> learn from other communities that have far more snowfall than the City of South Bend <br /> and learn from their experience to try to make it better for the City of South Bend from a <br /> public safety aspect. <br /> Councilmember Oliver Davis asked if in the other cities that this bill is model from have <br /> they been challenged and has the City be upheld? <br /> Kathy Cekanski-Farrand advised that she is unaware of any legal challenges, but the key <br /> was enforcement and implementation. She stated that there is a forty-five page <br /> publication that she would be happy to give to Councilmember Oliver Davis from the <br /> City of Boston and a multi-page document from the City of Madison, but they go through <br /> it each year to see how they can improve and they both stated that unless it is a joint <br /> effort of getting out public service announcements, voluntary cooperation from the <br /> citizens, using citations as a back up as a lever in the event that could not go forward and <br /> again as Ms. Toppel has identified in those situations that are true emergencies where <br /> people are trying to walk there that the city has the responsibility to go and remove it and <br /> tag them for the cost. Those are the three aspects to get any results. <br /> Councilmember Oliver Davis asked if this is specific to snow or ice. <br /> Kathy Cekanski-Farrand stated that it is both snow and ice. <br /> The following individual spoke in favor of the bill: <br /> Mr. Mike Coman, 508 E. South Street, South Bend, Indiana, stated that in the past twelve <br /> (12) hours he has shoveled and blown snow for at least three (3) city blocks only to have <br /> the City of South Bend Street Department plow the driveways and sidewalks shut again. <br /> He urged the Street Department to be more careful when plowing. <br /> The following individual spoke in opposition to the bill: <br /> Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke in opposition to this bill. She <br /> stated that the City fines its residents to death. The city is the main culprit of piling snow <br /> back onto the sidewalks and blocking resident's driveways. She noted that the area <br /> around Century Center is a prime example of businesses clearing the sidewalks and <br /> driveways only to have the Street Department come and plow them shut again. Ms. <br /> Kopala advised that the City of South Bend needs to clean up their act first. <br /> In Rebuttal, Kathy Cekanski-Farrand advised that it is important to note that they studied <br /> other surrounding communities with regard to fines. She noted that the City of South <br /> Bend would have the smallest fine if there is a citation that is issued. She stated that the <br /> City of Elkhart charges $25.00; Goshen $25.00 and she spoke to someone on the City <br /> Clerk's Office in Mishawaka and their average fine is $50.00. <br /> There being no one present wishing to speak to the Council either in favor of or in <br /> opposition to this bill, Councilmember Kirsits made a motion for favorable <br /> recommendation to full Council concerning this bill as substituted. Councilmember <br /> LaFountain seconded the motion which carried by a voice vote of five (5) ayes (Puzzello, <br /> LaFountain, Kirsits, White, Dieter) and four (4) nays (Henry Davis, Jr., Varner, Oliver <br /> Davis, Rouse) <br /> 10 <br />
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